Opinion
09-29-2016
The PEOPLE of the State of New York, Respondent, v. Jason P. MORGAN, Appellant.
Susan Patnode, Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant. Mary E. Rain, District Attorney, Canton (Ramy Louis of counsel), for respondent.
Susan Patnode, Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant.
Mary E. Rain, District Attorney, Canton (Ramy Louis of counsel), for respondent.
Before: EGAN JR., J.P., LYNCH, DEVINE, CLARK and MULVEY, JJ.
LYNCH, J.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered April 28, 2014, convicting defendant upon his plea of guilty of the crimes of criminal possession of a weapon in the second degree and burglary in the second degree.
In satisfaction of a multicount indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and burglary in the second degree and waived his right to appeal. County Court sentenced defendant, a second felony offender, to concurrent prison terms of seven years followed by five years of postrelease supervision for each conviction. Defendant appeals.
Defendant's contention that his waiver of the right to appeal was not knowing, voluntary and intelligent is belied by the record. During the plea colloquy, defendant stated that he understood both the rights he was giving up in connection with the waiver of the right to appeal and that the right to appeal was separate and distinct from the rights forfeited by his guilty plea. These acknowledgments by defendant, together with the detailed written appeal waiver executed by him in open court, establish a valid waiver of the right to appeal (see People v. White, 119 A.D.3d 1286, 1287, 990 N.Y.S.2d 726 [2014], lv. denied 24 N.Y.3d 1222, 4 N.Y.S.3d 610, 28 N.E.3d 46 [2015] ; People v. Martin, 105 A.D.3d 1266, 1267, 963 N.Y.S.2d 770 [2013] ). Defendant's challenge to the sentence as harsh and excessive is precluded by the valid appeal waiver (see People v. Beblowski, 131 A.D.3d 1303, 1304, 16 N.Y.S.3d 481 [2015], lv. denied 26 N.Y.3d 1085, 23 N.Y.S.3d 642, 44 N.E.3d 940 [2015] ; People v. Morrison, 106 A.D.3d 1201, 1202, 964 N.Y.S.2d 761 [2013], lv. denied 23 N.Y.3d 1065, 994 N.Y.S.2d 324, 18 N.E.3d 1145 [2014] ).
ORDERED that the judgment is affirmed.
EGAN JR., J.P., DEVINE, CLARK and MULVEY, JJ., concur.